[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1292.1]

[Page 1139-1141]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1292_REPRESENTATION AND APPEARANCES--Table of Contents
 
Sec. 1292.1  Representation of others.

Sec.
1292.1 Representation of others.
1292.2 Organizations qualified for recognition; requests for 
          recognition; withdrawal of recognition; accreditation of 
          representatives; roster.
1292.3 Professional conduct for practitioners--Rules and procedures.
1292.4 Appearances.

[[Page 1140]]

1292.5 Service upon and action by attorney or representative of record.
1292.6 Interpretation.

    Authority: 8 U.S.C. 1103, 1252b, 1362.

    Source: Duplicated from part 292 at 68 FR 9845, Feb. 28, 2003.

    Editorial Note: Nomenclature changes to part 1292 appear at 68 FR 
9846, Feb. 28, 2003, and 68 FR 10360, Mar. 5, 2003.


    (a) A person entitled to representation may be represented by any of 
the following:
    (1) Attorneys in the United States. Any attorney as defined in Sec. 
1001.1(f) of this chapter.
    (2) Disclosure of information for the purpose of conducting a 
preliminary inquiry. The EOIR disciplinary counsel, in the exercise of 
discretion, may disclose documents and information concerning complaints 
and preliminary inquiries to the following individuals and entities:
    (i) He or she is appearing at the request of the person entitled to 
representation;
    (ii) In the case of a law student, he or she has filed a statement 
that he or she is participating, under the direct supervision of a 
faculty member, licensed attorney, or accredited representative, in a 
legal aid program or clinic conducted by a law school or non-profit 
organization, and that he or she is appearing without direct or indirect 
remuneration from the alien he or she represents;
    (iii) In the case of a law graduate, he or she has filed a statement 
that he or she is appearing under the supervision of a licensed attorney 
or accredited representative and that he or she is appearing without 
direct or indirect remuneration from the alien he or she represents; and
    (iv) The law student's or law graduate's appearance is permitted by 
the official before whom he or she wishes to appear (namely an 
immigration judge, district director, officer-in-charge, regional 
director, the Commissioner, or the Board). The official or officials may 
require that a law student be accompanied by the supervising faculty 
member, attorney, or accredited representative.
    (3) Reputable individuals. Any reputable individual of good moral 
character, provided that:
    (i) He is appearing on an individual case basis, at the request of 
the person entitled to representation;
    (ii) He is appearing without direct or indirect renumeration and 
files a written declaration to that effect;
    (iii) He has a pre-existing relationship or connection with the 
person entitled to representation (e.g., as a relative, neighbor, 
clergyman, business associate or personal friend), provided that such 
requirement may be waived, as a matter of administrative discretion, in 
cases where adequate representation would not otherwise be available; 
and
    (iv) His appearance is permitted by the official before whom he 
wished to appear (namely, a special inquiry officer, district director, 
officer-in-charge, regional commissioner, the Commissioner, or the 
Board), provided that such permission shall not be granted with respect 
to any individual who regularly engages in immigration and 
naturalization practice or preparation, or holds himself out to the 
public as qualified to do so.
    (4) Accredited representatives. A person representing an 
organization described in Sec. 1292.2 of this chapter who has been 
accredited by the Board.
    (5) Accredited officials. An accredited official, in the United 
States, of the government to which an alien owes allegiance, if the 
official appears solely in his official capacity and with the alien's 
consent.
    (b) Persons formerly authorized to practice. A person, other than a 
representative of an organization described in Sec. 1292.2 of this 
chapter, who on December 23, 1952, was authorized to practice before the 
Board and the Service may continue to act as a representative, subject 
to the provisions of Sec. 1292.3 of this chapter.
    (c) Former employees. No person previously employed by the 
Department of Justice shall be permitted to act as a representative in 
any case in violation of the provisions of 28 CFR 45.735-7.
    (d) Amicus curiae. The Board may grant permission to appear, on a 
case-by-case basis, as amicus curiae, to an

[[Page 1141]]

attorney or to an organization represented by an attorney, if the public 
interest will be served thereby.
    (e) Except as set forth in this section, no other person or persons 
shall represent others in any case.

[40 FR 23271, May 29. 1975, as amended at 53 FR 7728, Mar. 10, 1988; 55 
FR 49251, Nov. 27, 1990; 61 FR 53610, Oct. 15, 1996; 62 FR 23635, May 1, 
1997; 73 FR 76927, Dec. 18, 2008]